Wilson v. State

Supreme Court of Arkansas

Wilson v. State

212 S.W.3d 2, 363 Ark. 211

CourtSupreme Court of Arkansas

DecidedSeptember 8, 2005

DocketCR05-870

StatusPublished

Cited by1 cases

This text of 212 S.W.3d 2 (Wilson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. State, 212 S.W.3d 2, 363 Ark. 211 (Ark. 2005).

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Opinion

Per Curiam.

Thomas B. Devine III, a full-time, state-salaried public defender for the Sixth Judicial District, was appointed by the trial court to represent Appellant, Alphonso Wilson, an indigent defendant. Following a jury trial, Wilson was convicted of capital murder and sentenced to life imprisonment without parole. A notice of appeal was timely filed and the record has been timely lodged in this Court.

Mr. Devine now asks to be relieved as counsel for Appellant in this criminal appeal, based on the case of Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000) (holding that full-time, state-salaried public defenders were ineligible for compensation for their work on appeal) and Tester v. State, 341 Ark. 281, 16 S.W.3d 227 (2000) (per curiam) (relieving Appellant’s court-appointed public defender and appointing new counsel on appeal).

Since the time of those decisions, however, the law was changed by the General Assembly. Act 1370 of 2001 provided in part: “Persons employed as full-time public defenders who are not provided a state-funded secretary, may also seek compensation for appellate work from the Arkansas Supreme Court or the Arkansas Court of Appeals.” That provision is now codified as Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2001).

Mr. Devine’s motion states that he is provided with a full-time, state-funded secretary. Accordingly, we grant his motion to withdraw as attorney. Mr. Mac Golden will be substituted as attorney for Appellant in this matter. The Clerk will establish a new briefing schedule.

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Per Curiam.

Thomas B. Devine III, a full-time, state-salaried public defender for the Sixth Judicial District, was appointed by the trial court to represent Appellant, Alphonso Wilson, an indigent defendant. Following a jury trial, Wilson was convicted of capital murder and sentenced to life imprisonment without parole. A notice of appeal was timely filed and the record has been timely lodged in this Court.

Mr. Devine now asks to be relieved as counsel for Appellant in this criminal appeal, based on the case of Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000) (holding that full-time, state-salaried public defenders were ineligible for compensation for their work on appeal) and Tester v. State, 341 Ark. 281, 16 S.W.3d 227 (2000) (per curiam) (relieving Appellant’s court-appointed public defender and appointing new counsel on appeal).

Since the time of those decisions, however, the law was changed by the General Assembly. Act 1370 of 2001 provided in part: “Persons employed as full-time public defenders who are not provided a state-funded secretary, may also seek compensation for appellate work from the Arkansas Supreme Court or the Arkansas Court of Appeals.” That provision is now codified as Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2001).

Mr. Devine’s motion states that he is provided with a full-time, state-funded secretary. Accordingly, we grant his motion to withdraw as attorney. Mr. Mac Golden will be substituted as attorney for Appellant in this matter. The Clerk will establish a new briefing schedule.

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Bluebook (online)

212 S.W.3d 2, 363 Ark. 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-state-ark-2005.

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